Strengthening Oversight of the National Intelligence Community Act 2025 (75 of 2025)

Schedule 1   Amendments

Part 1   Main amendments

Inspector-General of Intelligence and Security Act 1986

28   After section 22

Insert:

22A Response to the Parliamentary Joint Committee on Intelligence and Security

(1) This section applies if, as a result of a request by the Parliamentary Joint Committee on Intelligence and Security made under subsection 29(2A) of the Intelligence Services Act 2001, the Inspector-General completes an inquiry under this Act in respect of the operational activities of an intelligence agency.

(2) The Inspector-General must (subject to this section) take reasonable steps to give a written response relating to the inquiry to the Committee, unless the Inspector-General is satisfied on reasonable grounds that doing so would prejudice security, the defence of Australia or Australia's relations with other countries.

Note: The Committee must not require the Inspector-General to disclose operationally sensitive information or information that would or might prejudice Australia's national security or the conduct of Australia's foreign relations (see clause 1 of Schedule 1 to the Intelligence Services Act 2001).

Agreement and consultation with agency heads on response

(3) Before giving the response to the Committee, the Inspector-General and the head of the intelligence agency must agree that the terms of the proposed response would not prejudice:

(a) security, the defence of Australia or Australia's relations with other countries; or

(b) law enforcement operations, including methodologies and investigative techniques; or

(c) confidential commercial information held by AUSTRAC; or

(d) operationally sensitive information (within the meaning of Schedule 1 to the Intelligence Services Act 2001).

(4) In addition, before giving the response to the Committee, the Inspector-General must consult the head of the intelligence agency on whether the terms of the proposed response would prejudice any of the following, and may remove those terms if the Inspector-General considers appropriate:

(a) the privacy of one or more individuals;

(b) the fair trial of a person or the impartial adjudication of a matter.

(5) The Inspector-General may also consult the head of any other intelligence agency on the terms of the proposed response.

Copy of response for responsible Minister, Prime Minister and Attorney-General

(6) The Inspector-General must give a copy of the response to the responsible Minister.

(7) In addition, the Inspector-General may give the copy of the response to either or both the Prime Minister and the Attorney-General, if the Inspector-General considers it appropriate to do so.

Notification of reasons if response not given

(8) If, due to the operation of subsection (2) or (3), the Inspector-General does not give a written response relating to the inquiry to the Committee, the Inspector-General must notify the Committee that the response was not provided due to that operation.